The Tryal of Thomas, Earl of Strafford, Lord Lieutenant of Ireland, upon an impeachment of high treason by the Commons then assembled in Parliament, in the name of themselves and of all the Commons in England, begun in Westminster-Hall the 22th of March 1640, and continued before judgment was given until the 10th of May, 1641 shewing the form of parliamentary proceedings in an impeachment of treason : to which is added a short account of some other matters of fact transacted in both houses of Parliament, precedent, concomitant, and subsequent to the said tryal : with some special arguments in law relating to a bill of attainder / faithfully collected, and impartially published, without observation or reflection, by John Rushworth of Lincolnes-Inn, Esq.

[article 27]

THE Seven and Twentieth Article. The Charge,

26 THat in or about the month of August last, he was made Lieu∣tenant-General * 1.1 of all His Majesties ••orces in the North, prepared against the Scots; and being at York, did then in the month of September, by his own authority, and without any lawful Warrant, impose a Tax on His Majesties Subjects in the Coun∣ty of York of eight pence per diem, for maintainance of every Sol∣dier of the Trained-bands of that County; which sums of Money he caused to be levied by force. And to the end to compel His Ma∣jesties Subjects, out of fear and terror, to yield to the payment of the same; he did Declare, that he would commit them that re∣fused the payment thereof; and the Soldiers should be satisfied out of their Estates; and they that refused it, were in very little better condition, than of High Treason.

MR. Maynard proceeded to the 27 the Article; That the * 1.2 Earl of Strafford imposed a Tax on His Majesties Subjects, in the County of York, of 8 d. per diem, for the maintainance of every Soldier of the Trained Band of that County, causing it to be levied by force, Threatening them that refused with Commitment, and that they that did not pay the Soldiers, should be satisfied out of their Goods, and they were in little better case, than the case of High Treason, that refused to pay.

The state of their proofs will stand thus; There were three Levies; First, a months Contribution, and that was for the general; The Second, a Contribution for a fornight, and that was for two particular Regi∣ments or Companies; A Third, for a month more, so it was for ten weeks in the whole.

My Lord of Strafford pretends two things in his Answer for his excuse.

First, That it was upon a Petition from the Country; To that we say this, The Country did petition His Majesty, offering their endeavour, in that Petition they likewise desire a Parliament for redress of grievances, with which Petition some principal Gentlemen of the Countrey, attended my Lord of Strafford, desiring his assistance; He likes well the clause concerning the Petitioners endeavours, but not that touching the Parliament; and therefore he would not deliver it: though he said, it would fall out, there would be a Parliament, His Majesty having re∣solved it, but he likes not that they should Petition it. They re∣fusing to retract from their Petition, he doth in the name of some of his Lordships Friends, and Dependants, and Recusants, prefer another Petition, but it was when the Gentlemen of the Countrey were gone, and so there was no consent of the Coun∣trey.

The other thing he pretends is, That the Lords of the great Coun∣cil, had consented to that Imposition, which we say is not true, there was no such Consent or Direction; yet this he said, both in the Countrey, and in his Answer, and their Lordships best know, that the Lords of the Great Council did not give that direction,

The first thing offered, was the Petition first intended, which Sir Hugh Cholmley, and Sir Philip Stapleton affirming on oath, to be the true Petition, their Hands being to it amongst others, was read, being in effect.

The Humble Petition of the Gentlemen of the County YORK.

WHEREAS Your Majesty imparted to us the danger, by the incursions of the Scots, and the necessity of continuing the Train∣ed-Bands of this County in entertainment for two Months, and raising Money so long, and did Royally assure us, That the Wardships of such as dyed in this Imployment, should be freed, and one third part of the Trained-Bands should be abated, for which we acknowledge our bounden thankfulness, in ready obedience of Your Majesties Command, we have re∣presented to Your Majesty our present Condition, and in the entrance of the business, we found a great impediment and discouragement, by certain Warrants produced for levying Money, towards this new service, where∣in in the first place, we cannot omit to let your Majesty know, the great grief we have, in that the County is there charged with disaffection and backwardness therein, which as we are confident, we never were guilty of, so we were in good hope, your Majesty had received no such Impres∣sion of us. And in the next place, we find our selves much grieved, that the execution of such Warrants, which we conceive illegal, should be concluded and urged on peril of life; notwithstanding the strictness of which Warrants, we find divers parts of the County have not been able to pay the Money demanded, and from thence, and the attestati∣on of divers Gentlemen, we are assured the scarcity of Money is such, that it is diabled from satisfying your expectation therein; And that Your Majesty may know it is no pretence, but a real poverty; we are bold to represent the Charges, viz. of

• Ship-Money.
• Vast expences the last year in Military affairs.
• The Billeting and Insolency of Soldiers this Summer, part of the time on the credit of the County.
• Decay of Trade.
• Stop of Markets.

Charge of Carriages, especially in Harvest, by which means, not only the common people, but most of the Gentry, by the failing of Rents, are much impoverished:

And therefore we petition Your Majesty, You will accept our endea∣vour, to prevail with the Countrey to raise so much Money, as will pay the County one whole month, from their first rising, within which time, (as is generally reported) Your Majesty hath Commanded the at∣tendance of the Peers, to consult for the safety of the Kingdom, and pray the Trained-Bands may be continued in the Villages, where they are Quartered, except Your occasions otherwise require it; and in the inte∣rim, for the redress of these Grievances, and security of Your King∣dom, Your Majesty will please, to Declare Your Pleasure for summon∣ing the High Court of Parliament, &c.

To prove that my Lord of Strafford refused to deliver this Petition, and that another was framed, to which the Countrey consented not.

Sir Hugh Cholmley was Sworn and Interrogated, whether this Petition * 2.1 was shewed my Lord of Strafford, and whether he was not unwilling to deliver it, and why?

He Answered, That this Petition was shewed to my Lord of Strafford, in the name of the Gentlemen that had subscribed it, and it was delivered to him by my Lord Wharton, and of those Gentlemen that subscribed their Hands, many were gone out of Town, and desired that those that staid in Town, might attend my Lord Wharton, and intreat him to deliver it to my Lord of Strafford, and when it was delivered, my Lord of Strafford took only ex∣ception (at least he the Examinant) is sure that was the chief exception) because they petitioned for a Parliament; and said, that leaving out that Clause, he would joyn with him in the Pe∣tition.

Being asked what he knew of another Petition framed afterwards?

He Answered, That at that time no other Petition was framed, by the Gentry of the Countrey, this Petition being rejected; for my Lord of Strafford went and delivered some message to the King (he thinks for the maintaining of the Trained-Bands a month) and many of them that did subscribe to the Petition not consenting to it, met together, intending to make a Petiti∣on and Protestation against it, and did so; intending to deliver it to His Majesty, but it was not delivered.

Being asked what Moneys were levied, by whose Warrants, and for what time?

He Answered, That he can say nothing to the levying of Money, but in general, he thinks Money was levied.

Sir Henry Cholmley Sworn and Interrogated, what my Lord of Strafford * 2.2 said concerning Money?

He Answered, That he had the Honor to be one of the Colonels of the Trained-Bands, and received Command from my Lord of Strafford, being Lieutenant-General of the Army, to give ac∣count in what state his (the Examinants) Regiment stood? of what strength it was, and how provided of Money? That he repaired to his Lordship, and told him, That notwithstanding the Warrants sent out, they came not to him, and unless he had Money shortly, the Regiment would disband; That his Lord∣ship answered him, he would send a Levy on the Goods of those that refused.

Being asked (on my Lord of Straffords motion) whether he did so send?

He Answered, No; that he knows of.

Sir Iohn Hotham Sworn and Interrogated, what he knew touching the Petition, and my Lord of Straffords rejecting it?

He Answered, That concerning the Petition, it is true, that being to * 2.3 meet together in the afternoon at the Common Hall, they did first consult, what to represent to my Lord.

But when they came there, my Lord refused, and made doubt of de∣livering the Petition, unless they would put out the clause, concerning the Parliament, and some thought it fit to preferr it without it.

Some of the Gentlemen that had petitioned, went out, and deli∣vered in something to the King, but what it was he knows not.

And for levying of the Money, he can say nothing to it; Warrants were sent out by the Vice-President, but how far my Lord was interested in it, he can say nothing at all.

Sir Philip Stapleton Sworn and Interrogated, as to the delivering of the Petition.

He Answered, that for the Petition, he can say his Countrey-men * 2.4 being sent for to York by the King, and intimation given, that they should keep their Trained-Bands for two months, they desired time to give an answer, which was allowed them as they desired, till the next day. They met that night, and though my Lord-Lieutenant desired to meet with them, they met first by themselves, and drew this Petition; for my Lord being Lord Lieutenant-General, and a Privy-Counsellor, they should not have been so free to deliver their opinions, though he (the Ex∣aminant) thinks some of them should have been free enough. They drew the Petition, and he thinks there was 100 hands to it, and being delivered to my Lord-Lieutenant, he took excep∣tion, because it concluded with desire of a Parliament, and told them, if they would leave out that Clause, he would deli∣ver it, if not, he would not, and after long discourse (where∣in he shewed much Eloquence) most of them continued their resolution to stand to that Petition, and many went out of Town and left it, without making question but it should be delivered to His Majesty. My Lord after put it to Vote, whereof there were many Papists, and on the Vote delivered an Answer, what, he (the Examinant) doth not know, for he staid behind to draw another Petition, and an humble protestation to His Majesty, that this Petition was the Answer of the Countrey.

Lord Wharton being Sworn and Examined to the point of the Petition?

His Lordship Answered, That this was unexpected to him, for he * 2.5 heard not of it from the Committee, till he came into the place, but he can perfectly speak to it, having a little Interest in it, himself being one of them who subscribed it; That on Satur∣day in the afternoon, being appointed to attend my Lord of

Strafford touching this business (for most of the Gentlemen de∣siring to be at home) on a suddain went out of Town, and desired him with some others, to deliver this Petition to my Lord, by his own hand, to be delivered to the King, he did so, and accordingly desired my Lord to deliver it in the name of the Gentlemen, that had set their Hands to it, many being like∣wise with him on that occasion; That my Lord of Strafford took exception to the clause for a Parliament, and said, That if they would put that out, he would joyn in the rest of the Petition. Divers of the Gentlemen that were there (there being not ma∣ny that had set their hands) would not goe back from that, which with so much Humility and Reason, they thought was desired; thereupon my Lord would not deliver it, and went to the King. But they that thought not fit to have the Petition altered, thought not fit to go with him to the King; and what he said, he (the Examinant) knows not.

Sir William Pennyman being Sworn and Interrogated, Whether a War∣rant now shewed him, was not under His Hand and Seal?

He confessed it was his Hand and Seal. * 2.6

And that being desired to be read,

Sir William Pennyman offered to their Lordships, that he presumes he comes to be a Witness against my Lord of Strafford, not himself, and referred it to their Lordships, whether he should answer any thing against himself, this having an oblique aspect on himself; but if their Lordships will require him, he will submit.

But Mr. Maynard upon opening of the matter, shewing that they urge * 2.7 it only, as grounded on my Lord of Strafford's Command for levying of Moneys.

It was read, being to this effect.

To the Constable of Sergeant-Major Yaworthe's Company.

WHereas the Lord-Lieutenant-General of His Majesties Army, by His Majesties Command, sent forth Warrants to the Con∣stable of this Weapontake of Longborough, for Collecting and Pay∣ing the Soldiers of my Regiment, Six weeks pay, to be delivered from my hands, which is not yet received from, &c.

These are therefore once more in His Majesties Name, to Will and Require you forthwith, to pay, or cause to be paid to the said Sergeant-Major, the several Rates and Proportions, both of the First and Second Contri∣bution, Assessed on your-Town, &c. And if any person or persons shall refuse so to do, you are instantly on receit hereof, to bring him or them, &c. to serve in their own persons, for the defence of this County, as the ne∣cessity of this Cause requires; And hereof, &c. fail not

19 Octob. 1640.

Sir William Pennyman being Asked, Whether the Warrant was ground∣ed on a former Command of my Lord of Strafford?

He Answered, That he cannot directly speak to that, he will not charge his memory with it; for, he thinks, the first Warrant was issued by the Vice-President, and, whether any was issued by my Lord of Straffords direction, he cannot Answer precisely, but he conceives there was; and, he hath a confused notion in his head, but he cannot particularly and distinctly remember it.

Being Asked, Whether he knew any Deputy-Lieutenants were drawn to issue a Warrant, to levy money on the Country on this ground, that the Lords of the Great Council had consented to it?

He Answered, That he conceives they were summoned thither toge∣ther, and on this occasion; when the Trayned-Bands were dis∣banded, it was thought fit the Frontier-Regiments, viz. his (the Examinants) and Sir Thomas Danbies, should be continued, but he (the Examinant) Conceiving it unreasonable and unequal, that they should continue at their own Charge, and the rest not tributary to them; and, at least, they not being ordered to march successively to relieve them; he (the Examinant) complained thereof to my Lord of Strafford, they were thereupon sent for, and an Order was made, to which he (the Examinant) refers himself.

Being asked, Whether it was not to this effect, Whether those that would not pay their Money, should serve in Person?

He Answered, Sure he believes it was, for his Warrant is a relative Warrant to that other.

Being Asked, On what Grounds the Deputy Lieutenants were induced, to make such an Order? and, Whether it was not on an Allegation, that the Lords of the Great Council had Consented, or Commanded, it should be done?

He Answered, That he presumes it is matter of Record, if a man may say so, for the Warrant will speak: But, he presumes there was some such thing spoken by my Lord of Strafford, that he had acquainted His Majesty with it, or the Greatest Counsel, or to that effect, and that induced them to put that into the Pream∣ble of the Order.

Being prest to speak his knowledge,

He Answered, That truely he verily believes it was so.

Being prest again to speak his knowledge positively.

He Answered, That he doth very Confidently and assuredly believe it is so, but he doth not particularly remember it, for it is a

great while since he saw that Warrant: but, it is matter of Re∣cord, and if he sees a Copy of the Warrant, he shall let their Lordships know, whether it be a true Copy.

Being prest further to Answer, Upon what ground it was made? And, whether upon an Allegation of a Consent, of the Lords of the great Council?

He Answered, That he cannot further Answer than before: he doth very confidently believe it to be so; for, he doth remember, my Lord of Strafford told them, he had acquainted the Kings Ma∣jesty, or the Lords of the Great Council, which induced them to put them into the preamble of the Order.

Being yet urged to answer Categorically.

He Answered, That he verily believes my Lord did so; and that un∣der favour reaches almost to a knowledge, the thing is so no∣torious, that the thing it self may be known.

Being required to speak his knowledge, Whether my Lord of Straf∣ford told them, the Lords had Commanded, or Consented to it?

He Answered, When that was spoken of, he was out of the Room, and it was drawn by Mr. Rockley a Deputy Lieutenant; but, Mr. Rockley told him my Lord did say so.

Being yet again prest to a positive Answer (Mr. Maynard observing to their Lordships, That when a Gentleman is brought upon his Oath in a Cause of this Consequence, this Dalliance is not to be admitted.)

He Answered, That he Answer'd as clearly as can be, And the Gen∣tlemen will not press him beyond his knowledge; He sayes, he doth confidently believe it, but, under favour he was not at that time in the Room, but Mr. Rockley told him, My Lord of Straf∣ford had acquainted the King and the Great Council.

Mr. Maynard observing, That now he speaks less then before; and de∣sired he might be Interrogated, Whether at that time, or at any other time, my Lord of Strafford told him, The Lords of the Great Council had assent∣ed to this Levy.

Which being proposed;

He Answered, He doth confidently believe my Lord did it; It may be proved by a great many others; but he is confident of this, as of any thing in the World, that my Lord did tell them, when they went to draw the Warrant, That my Lord had acquainted the Lords of the Great Council, and His Majesty, and that he did it by their Consent; and, therefore they put it into the Pream∣ble of their Order.

Sir Hen. Griffin Sworn and Interrogated, Whether my Lord of Straf∣ford said, The Lords of the Great Council had consented to the levying of Money?

He Answered, He heard my Lord say so indeed (or else they had not * 3.1 set their hands to the Order) that he had direction from the Great Council, to levy Money for Sir William Pennyman, and Sir Tho. Danbies Regiments.

Being Interrogated, In what manner the Money was to be Levy∣ed?

He Answered, That he doth not know in what manner.

Being Asked (on my Lord of Clares Motion) What he meant by this Direction? * 3.2

He Answered, That there was an Order made from all them that were Deputy-Lieutenants, and my Lord of Strafford as one; and this is the Order concerning the levying of Money for the two Regiments.

Being Asked (on Mr. Glyns Motion) Whether my Lord of Strafford * 3.3 had not directed the money to be levied in manner as is exprest in the Or∣der?

He Answered, That to his best Remembrance, my Lord did say so, he must confess.

Being Asked, Whether in case any refused to pay this money, they were not to be compelled to serve in person?

He Answered, There was such a Clause in the Order, to his best Re∣membrance.

Mr. Robert Strickland Sworn, and Interrogated, Whether my Lord of * 3.4 Strafford said, The Great Council had directed Warrants should be issued for the levying of Money?

He Answered, Yes. It cannot be deny'd: He (the Examinant) gave a Copy of that Order, when the last Commissioners were at Rippon; and he saw a Gentleman even now behind him, that had a Copy of the Order and Warrant, and it is declared, that it was done by the Great Council of the Peers.

Sir Iohn Burroughes Sworn and Interrogated, Whether he knew of any such VVarrant, or Order, for levying money for those two Regi∣ments? * 3.5

He humbly intreated, That he might have their Lordships direction, before he Answered the Question; for, their Lordships know ve∣ry well, that, by His Majesties Command, he was appointed to

be Clerk or Register of the Great Council: Moreover, he con∣ceives, That (by his duty, all Orders and Resolutions of the House, especially those that concerned third Parties, without asking leave) he was to deliver to the parties, if they required them: But, for such Debates and Arguments, as were used in the Great Council, to and again, between their Lordships, he humbly intreated their Lordships Direction, VVhether he should publish any thing of them or no? And, upon their Lord∣ships Order, he shall clearly, and with all integrity, deliver the truth.

Being permitted by their Lordships, to speak to the Questions pro∣pounded.

He proceeded, and said, That he hath very good cause to remem∣ber, that upon the 20th of October, he went to my Lords Com∣missioners for the Scotch Treaty at Ripon, and, upon that day, there were two prime Gentlemen of those parts, that came and attended the Lords, he thinks, about business of their own, and, he supposes, only to tender their service to their Lordships; That, amongst some other Discourses betwixt the Lords and them, they mentioned some such Order as this was, concerning the relieving of the two Regiments, that were for the Guard of Richmondshire, and some other of those parts, made, as they said, by the Great Council of the Peers; and thereupon, that themselves, my Lord of Strafford, and the rest of the Deputy-Lieutenants, had granted out VVarrants, for the Assessing of Money for the relieving of those Regiments; Those that heard it were startled at the Order, being said to be an Order of the Great Council; and commanded him (the Examinant) to inform them, VVhe∣ther he knew of any such Order? he told them, He remem∣bers not any such Order, and was confident he never drew up any, because he never heard any mention of those two Regi∣ments in the Great Council. Their Lordships asking him, whe∣ther he was sure of it? he told their Lordships he would look on his Notes, and faithfully inform them how the case stood, he did so, and came back to their Lordships, and told them he found nothing in his Notes of these Regiments; and while he was there, he was confident no Order was drawn up; It is true, (he told their Lordships) some Order might be drawn up, when he was absent, for he was first at Ripon, and at York he was oftentimes employed in the Committee to write Letters and Orders, and what was done in his absence, he could give no answer to; but confident he was, no Order was made be∣fore the 20th of October by him, or in his hearing or know∣ledge. Hereupon the Lords desired those two Gentlemen, to give them Copies of the Warrants they had sent out, And that he (the Examinant) should take their Testimony, which he did; this was the Twentieth or Twenty seventh of October, which was the last day of the Great Council of the Peers. My Lord of Strafford in Council then did take notice, that some such thing had been done at Ripon, and then said to my Lord, that

he did conceive he had the Kings Order, and their Lordships Approbation, for the issuing out of this VVarrant. But, since, he conceived their Lordships disliked it, he had taken Copies of it, he was very willing to withdraw these Warrants; And, on Debate, there was nothing more done; For his part, he never drew up an Order, nor was he commanded to draw it up.

Being Asked (on my Lord of Straffords Motion) Whether on that last day, His Majesty was not pleased to say in the Council, That what the Earl of Strafford did in that Affair, was with His consent?

He Answered, It is true, He did give his consent to it, and command∣ed him to go on with it; when he (the Earl of Strafford) de∣sired, if any thing were amiss in it, he might call back his War∣rant again, and that he might easily do it, and no hurt would come of it; and, whether His Majesty did thereupon affirm, that my Lord of Strafford had formerly acquainted Him with it, and He Commanded him to go on?

He Answered, That it is very true, My Lord Deputy appealed to the King, VVhether he had not His Majesties Approbation and Or∣der for it? and, the King said, He did acquaint Him with it be∣fore the Lords; But not (to his Knowledge) that He command∣ed him to proceed.

Being Asked (on my Lord of Essex motion) VVhether some of the Lords did not take exception at the VVarrant, and likewise thought fit, it should be called in again?

He Answered, That the Vote generally of the Lords was against the VVarrant; but, he remembers not any thing said for the recal∣ling of it; but, they absolutely declined the making of any such VVarrant.

Being Asked (on my Lord of Straffords motion) VVhether it was Voted or no?

He Answered, That it was spoken to by several of my Lords, but all declined it.

Being Asked, VVhether he had the VVarrant, or a true Copy of it?

He Answered, He hath a Copy of that which was delivered him, by the two Gentlemen that were then at Ripon, and their hands are to it, to attest it; and, he saw them set their hands to it himself.

Being bid to name the two Gentlemen.

He said, They were Mr. Robert Strickland, and Mr. Mallard, VVho did affirm, That, to the best of their remembrance, this is a true Copy of the VVarrant, sent out to the several Divisions.

To prove Execution by force,

Mr. Henry Cholmeley Interrogated, What he heard the Earl of Straf∣ford say, touching the Vice-Presidents issuing of Warrants?

He Answered, That shortly after my Lord of Straffords coming to * 3.6 York, in the Presence-Chamber at York, he (the Examinant) among some other Gentlemen, were summoned to be there, where my Lord of Strafford, speaking of the Trained-Bands, oc∣casion was offered by another that was there, How the private, or common-men should be maintained? My Lord of Strafford Answered, It had been always the Custom, that the private men should serve themselves in person, or maintain the charge of them that served for them; and, the common mens charge is borne by the several Constables in the Towns where they live: And, he said to His Majesty, Sir, if you please, Mr. Vice-President may, or shall (the Examinant knows not which) send out Warrants to that purpose; but, whether he sent out any or no, he cannot tell.

William Dowsen Sworn, and Interrogated, How he hath known those moneys for the Trained-Bands, levyed?

He Answered, (His Answer being commanded by the Clark, the Wit∣nesses * 3.7 having a low voice.) That Mr. Yaworth, Sergeant-Major to Sir William Pennyman, came with Four Musketiers to the Lordship of Egton, and sent them for Assessors, and when the Assessors came, they were importuned to have them Assess (for they had been unwilling to Assess) and, if they would not, they should answer it before my Lord General, and then they consented to Assess; and he shewed a Warrant from Sir Wil∣liam Pennyman, and gave it to the Constable for the Collection of the Money.

Being Asked, VVhether he threatned, That he should serve in person, if he did not pay?

He Answered, Yes, by Serjeant-Major Yaworth, and so he served un∣der Sir William Pennymans Regiment.

Being Asked (on my Lord of Straffords motion) VVhether he saw any VVarrant of his?

He Answered, No.

Being Asked, VVhether the Four Musketiers did not go along with the Constable, from place to place to levy the money?

He Answered, Two Musketiers went with every Constable to le∣vy it.

William Pierson Sworn, and Interrogated, VVhether Four Musketiers, or Soldiers, did not come to Collect this Money?

He Answered, Yes. And he saw them in the Town, go altogether * 3.8 in with the Constables; but, in the Deales or outsides, there went but with each Constable one; The Lordship consists of Long Deales, distant one from another 12 score, and, in those out-places, one went with a Constable, but, in the Town, all four went.

Being Interrogated, By what VVarrant?

He Answered, That he did see a VVarrant that was receiv'd from Captain Yaiworth, under Sir William Pennymans hand, and he saw his name at it.

Sir William Ingram Sworn, and Interrogated, VVhat he hath heard my Lord of Strafford say, touching this business of levying Money? and, What condition they were in that deny'd to pay it?

He Answered, That soon after the Trained-Bands were Commanded * 3.9 to be drawn forth, he found the opportunity, and did move my Lord of Strafford, acquainting him what Case Soldiers were in; For he (the Examinant) had been with the Soldiers, and found them willing to March, if they might know how to be maintained: the Masters had refused to pay the private men, and the Constables said, the Parishes were so poor, that they could not collect any more money; and desired, his Lordship would be pleased, before they were drawn forth, he might know how they should be maintained: And, his Lordship gave him this Answer, That the private men must maintain their Soldiers after the rate of 8 d. a day, so long as they were forth, else he would Commit them, and order should be taken, the Soldiers should be maintained after 8 d. a day, out of their Estates; And commanded him (the Examinant) to speak to the Constables, that Assessments might be made for the maintenance of the Common Army; and, if any did refuse to pay their parts of an Assessment, they should be likewise committed to Prison, and lie there, and the Common Soldiers should be maintained after the rate of 8 d. a day; and, he would have men know, that refu∣sing to pay such Contribution, they were in little better condi∣tion, than guilty of High-Treason.

Sir Harry Griffin being Interrogated, VVhether my Lord of Straf∣ford sent not Messengers to them, that refused to pay this Money Asses∣sed?

He Answered, That indeed he doth not know of any thing concern∣ing * 3.10 the two Regiments of Sir William Pennyman, and Sir Thomas Danby; but, for his own, he can speak, That about the latter end of August last, he was commanded by the Sergeant Mayor-General of the Trained-Bands, to advance his Regiment; and,

assoon as they were advanced, there issued forth assessments for a whole Monthes pay, for his whole Regiment; and, on this Warrant he received 300 l. or thereabouts, but more they would not, nor could not pay; whereupon he went to my Lord of Strafford, and told him, He could not keep his Companies to∣gether without Money; and my Lord bid him go back to his Regiment, and he would take a Course, and my Lord did grant forth his Warrant, and on that was pleased to send a Messenger (as he thinks) to the Constable, to whom it was directed, and the Messengers went from Constable to Constable, and all was paid.

Being asked (on my Lord of Straffords motion) whether it were paid voluntarily?

He Answered, They were for ought he knows.

Sir Hugh Cholmley being Interrogated (on Mr. Maynards motion) of what Quality those persons were, that staid with my Lord of Strafford, and joyned in the latter Petition? and, Whether many of them were not Re∣cusants?

He Answered, That there were some of them Gentlemen of very good * 3.11 Quality, a few that had retracted their hands from the Petition, some 7 or 8, and he doth not know, whether there were not ma∣ny Papists, but they took a Note of four or six and twenty, to his best remembrance, that the Country had a Character on them to be Papists, and Men affected that way, but he knows not whether they were Convicted or no.

And so Mr. Maynard said, they should leave this Article a while, in ex∣pectation * 3.12 of my Lord of Straffords Answer, and then they should recollect their proofs; in the mean time they supposed every particular was pro∣ved.

My Lord of Strafford, after some time granted him to recollect his Notes, made his Defence in substance as follows.

And First, he desired leave to read the Charge, and their Lordships * 3.13 should find, how little of the matter opened before them this day, was therein contained, and so he is not accountable for it.

He read the 27th Article.

That in or about the moneth of August last, &c. His Lordship craved liberty to dissent from that worthy Gentleman that spoke last, who in his opinion, is very much mistaken, who was pleased to say, That all was ful∣ly proved; for he conceives, little or nothing is proved as to him.

That he might give their Lordships the clear satisfaction, he desired to go on in their own Order; and as the Proofs were offered, he shall offer his Answers.

The First thing spoken of, is a Petition drawn up by certain Gentle∣men, whereby they did offer a months pay to the Trained-Bands, which

Petition was shewed the Defendant, and was refused by him to be deli∣vered, and the Reason assigned is, because in the latter part there is con∣tained a Petition for calling of a Parliament, and that is laid to him as a Crime, but where it is, he doth not find, and when he doth, he shall an∣swer and acknowledge it.

He acknowledged there was such a Petition, and that it was shewed to him, and having not been acquainted with it formerly, he remem∣bers very well, he desired to be excused from medling with it; for having the Honor at that time to be the Kings Lieutenant of the County; be∣sides that, he was Lieutenant-General of the Army, and having some poor share there, though not so great as other men, he thought it very strange, that when the King had appointed them on Tuesday to meet to∣gether, and advise how his service might be complyed with, they should at a private meeting after Supper, resolve of this Petition, and never make him so much as acquainted with it; And where he was made so great a stranger in the beginning of the business, he appeals to their Lordships whether he had reason to be over officious, to serve them in the conclu∣sion.

He acknowledges the Petition was delivered him, and on the reading of it, when he heard that clause, of moving the King for a Parliament, he disadvised it, and desired to be excused concerning it, not so fitting at that time, nor for them on such an occasion: and therefore it might be left out, or a course taken to deliver it by some other hand than his; and he trusts it is no offence, for which he is any way punishable, to reserve that Christian Liberty in his own opinion, that he sees cause for, when it may be done without breach of any Law penal, or good manners, his Li∣berty being as free then to himself, as to them. But it was not out of any unwillingness the Parliament should be called; upon which they should pinch him; and make their Lordships and the Gentlemen think him averse from Parliaments, for he did tell them at that time, he was con∣fident there would be a Parliament; and that on the coming together of the Great Council of the Peers, he did conceive His Majesty would be pleased to call a Parliament; and that their Petition would neither further nor hinder it, and therefore it might be forborn, and the King left in his Acts of Grace to his People, that he might have all the Honor of it to him∣self; and that it should rise out of his Own Goodness, and Royal Breast, not as advised to it on the desire of any body else; and therefore he thought not fit that that should be put into the Petition, not out of a desire to avoid Parliaments; for it is well enough known, (and if need were) he could justify himself in it, that no poor servant the King had, was more forward, nor ready, nor willing to advise the calling of this Parliament, than he was: but he shall ever conceive it fit in this case, to reserve the Honor of the Kings Grace and Favour, as much as may be to himself, and not direct it to any other hand whatsoever, and did then (as always) as much as he could, apply the thanks of the People to the King his Master, and assume nothing to himself.

But this he conceives no crime, and therefore he shall not need to trou∣ble their Lordships with proof of it, there being 20 Gentlemen in the room (he dares say) that will justifie him in this particular.

They come then and speak of a second message, to have been delivered by him to His Majesty at York; hereby he is charged to have imposed a Tax without lawful Warrant; he humbly affirms, and trusts, he shall ma∣nifestly prove it, that the thing was yielded to by their own universal

Assent, and that it was levied by their own voluntary Will; and that there was nothing of force from the beginning to the ending of the busi∣ness; for if he had dealt in that manner, he had been much to blame, tho as he stood then qualified, he thinks himself not punishable for it. On Debate of the business, not above three or four dissented, tho there were Two hundred present, they were perswaded and convinced, it was just and necessary to contribute, and most of them that did dissent, have been examined before their Lordships; but they did absolutely and to∣tally lay aside their Petition, and gave him Commission only in words, to signify to His Majesty, that they were most willing and ready to con∣tribute the pay of a Month, for maintainance of the Trained-Bands, and that he did faithfully deliver.

And whereas it is said they are Papists, he shall name persons as free from that Tax, as any men in the Shire, who did give their consent, and he named divers of them.

To prove that he did nothing by force, but by unanimous consent of all.

Sir Paul Neal was first called, and being Interrogated, Whether the Petition Signed by the Lord Wharton, and the rest, was not by the major of the Gentlemen there declined and laid aside?

He Answered, That he was amongst divers others, present at this meet∣ing * 3.14 in the Common-Hall, and on the first coming thither, this Pe∣tition was presented by my Lord Wharton in the name of the Gentlemen that had subscribed it; on the reading of the Petiti∣on, my Lord of Strafford did conceive, that the clause concern∣ing the desire of a Parliament was in it self superfluous, because the King had declared his intention to have one, if at the meet∣ing of their Lordships at York it should be desired; and there∣fore he desired the clause might be put out, and another Petiti∣on presented to the effect of the former, only the last clause omitted, and that might be verbally presented by some such man, as the major part of the company should choose, and on a long debate, it was concluded (to the best of his remembrance) by Vote, and the whole Vote of the company went, it should be delivered by my Lord of Strafford, according to the sub∣stance of the Petition, the last clause left out; and to the ne∣gative part, there were some four or five, he dares confidently swear, not above halfe a score.

Being asked, what number there was of the company, that were willing to wave the Petition?

He Answered, That the Hall was very full; he cannot give account of a certain number, nor knew the subscription of the Petition, for till now he remembers not, that ever he heard the particu∣lar names read; but there was, he thinks 200 Gentlemen of se∣veral ranks.

Being asked whether it was not the voluntary consent of them all, that a months entertainment should be allowed the Trained Bands?

He Answered, That he conceives the consent was given no fuller nor larger, but just the same as in the Petition, saving that one clause.

Which Mr. Maynard observed, went not further than to promise an en∣deavor.

Sir Paul Neal being Interrogated, whether the Money was not volun∣tarily paid all over the Countrey, for the months entertainment, with force or violence?

He Answered, he can give no answer to that, having nothing to do in the Countrey as Deputy-Lieutenant, or Officer, and other than he heard by discourse, he cannot speak of his knowledge,

Being asked (on Mr. Glyns motion) Whether the major part of them that Signed the Petition, did wave it?

He Answered, That he conceives he gave an Answer to that before, for he remembers not, that till this day, he ever knew the names of the Gentlemen that subscribed it, but only an attestation, that about 100 had subscribed, and whether the major part of those were present, he doth not know.

Being asked (on my Lord of Straffords motion) Whether he did not know divers of them that Signed the Petition, declared themselves for the waving of it?

He Answered, He did not know who had Signed it, and who not, sa∣ving only some Gentlemen speaking in the debate, did declare, that they in particular had Signed it, and did recede from it.

Being asked what he meant when he said, that not above halfe a score went to the negative of the Message?

He Answered, That he meant it of them that were in the Hall.

Sir Edward Osborne was called to be a Witness for my Lord of Strafford, but Mr. Maynard excepted against his being examined, as being one of them that sent out the Warrant, for paying Money on pain of death, and as Sir William Pennyman would have declined answering any thing of his own Act, as concerning himself, so it was desired this Gentleman might not be examined to the justification of himself by saying, the Money was levied by consent.

But Sir Edward alledged to their Lordships, That there is particular complaint in the Petion against his Warrant, and therefore it was issued long before the Petition presented.

After some further debate, the Examination of him was resolved upon.

Sir Edward Osborne being Interrogated, Whether the major part of them that subscribed the Petition, and were present at the second meeting, did not decline the Petition?

He Answered, That he cannot say the major part of them that sub∣scribed the Petition, did dissent openly in the Hall, for he thinks many of them were gone out of Town, but he is sure, the * 3.15 major part there, nay all, but about Ten, did consent to the leaving out of the clause, touching the Parliament, and to a Months pay; and on that, it was humbly moved to my Lord (he cannot tell whether by himself the Examinant) that my Lord would do them the Honor, to represent their ready af∣fections to do the King that service, that he would be their Mouth, which accordingly his Lordship did, and they all at∣tended him when he delivered the Message; and he doth not remember there was above 4 or 5 Gentlemen, that opened their mouths against this consent, not in words, what their hearts were he cannot tell.

Being asked, Whether many that had subscribed the Petition, did not declare they would not wave it, and go the other way?

He Answered, There were some that did indeed, but he doth not know how many, Sir Edward Robinson in particular, and gave his reasons for it, Sir Richard Hutton and some others.

Being asked, how many Gentlemen he thinks were present at that meet∣ing?

He Answered, The Hall was very full, and there were Gentlemen, Free∣holders and others, to the number of 300, as near as he could imagine.

Being asked, Whether that was not the place and time appointed by the King, for the Countrey to meet and Treat about the business?

He Answered, Yes, it was so, by His Majesties special Command, the day before.

Being asked, whether my Lord of Strafford did not go to the Mannor, and many Gentlemen with him, and delivered their Message to the King faithfully and justly, as he had in Commission to do, and no otherwise?

He Answered, That according to their desire to his Lordship, he went presently to the Mannor; and they all attended him, but he could not hear the Message delivered, the croud was so great.

Being asked (on Mr. Maynards motion) whether there was any dif∣ference between the Message and Petition, but only the leaving out the last clause touching the Parliament?

He Answered, Truly No, but the principal things he took notice of, was a Months pay.

Being asked (on Mr. Palmers motion) of what quality they were that were in the Hall, whether not some that came to gaze only, and not prosecute the matter of the Petition?

He Answered, That it is impossible for him to see through the bodies of men; but there were not many of inferior quality that he knew; but had he time to do it, they should make a Catalogue of as many Gentlemen and Freeholders, as set their Hand to the Petition: but he cannot see in such a room as this, whether there be Serving-men, or Aprentizes in a croud.

To which Mr. Maynard answered, much less can he hear it. * 3.16

Sir William Pennyman Interrogated, whether the Petition deliver'd by my Lord Wharton, was by the major part of the Gentlemen that met, ac∣cording to the Kings appointment, at the place proper for the business, decli∣ned? And whether they did not declare their consent to a Months pay, and that my Lord of Strafford should deliver the Message by word of mouth?

He Answered, That the major part did decline the delivery of the Pe∣tition, * 3.17 and it was done upon a Vote, there being some difference of opinion, and he thinks truly, according to his conjecture, there were 200 voices at the least, to three or four. Happily some others tacitly might be of another opinion, but there was to his best remembrance, three or four voted against it.

Being asked, whether divers that Signed it, did not decline it?

He Answered, That divers that set their Hands to the Petition did retract it, whereof he himself was one, and divers other Mem∣bers of the House, whom he offered to name, if their Lord∣ships required it, but that their Lordships did not think fit to direct.

Being asked, Whether my Lord of Strafford did not faithfully and rightfully present to His Majesty, the Message, he was intrusted with?

He Answered, That he was one of them that went with my Lord, but was in the same condition with Sir Edward Osborne, for the crowd was so great that he could not come to hear.

Where my Lord of Strafford desired their Lordships to take notice, that * 3.18 it was not in a corner when Gentlemen of their Quality could not come near.

Being asked (on Mr. Maynards motion) Whether there was to be any difference, between what was to be delivered to the King, and that contained in the Petition, the last Clause excepted?

He Answered, That he conceives nothing was to be omitted, but only that of the Parliament.

Being asked (on the Lord Whartons motion) Whether he and another * 3.19

had not Commission, to acquaint my Lord of Strafford from them that had subscribed the Petition, that they had a Petition to be deliver'd his Lordship for His Majesty, and whether he brought not word back again, that they should wait on his Lordship with the Petition on Saturday, at * 3.20 One or Two of the clock, and at his Lordships own house, and whether they did not accordingly wait on him?

He Answered, That he did, and they did come, and it was purposely, * 3.21 that they might most of them goe to the Hall, not to make my Lords House a place of his debate.

Being asked, whether he was not directed to acquaint my Lord of Straf∣ford with the Petition, and whether he brought back word about the time of attending?

He Answered, It is true he did, but he knows not whether he brought it on a Message from my Lord.

Being urged to Answer that positively, Whether he brought it as a Mes∣sage from my Lord.

He Answered, That it may very well be he did, he thinks he did; but he added, in effect his desire was to know, what the Question tended to.

Mr. Maynard thereupon desired of their Lordships, that a Wit∣ness * 3.22 at the Bar might not demand the meaning of a Question, before he answers to the truth of it.

And Mr. Glyn observed, that my Lord of Strafford had several times * 3.23 besought, he might go on quietly with his Evidence, and they hope their Lordships will justify them, that they have behaved themselves as men intrusted by the House of Commons, and that their Lordships will not suf∣fer this Language to be used. They must demand Justice.

And Mr. Maynard added, that they desire only that the Witness may * 3.24 readily answer to the Question propounded, and not advise, what may be the consequence, or enquire the intention of them, for they are to speak only the truth.

But my Lord of Strafford conceived it a very fitting Question for the * 3.25 Witness, to desire to understand the Question before he an∣swers it, and that's all he doth, as he conceives.

Being required to answer positively, whether he brought that Message from my Lord of Strafford, touching the time of delivering the Petit∣on?

He Answered, That he did. * 3.26

My Lord of Strafford here offered to their Lordships, that he con∣ceives this Question not material to him, he was then extream sick,

and in his sick Bed, when he should send this Message; and that tru∣ly, he was never in such height of incivility towards any man alive of a far meaner Quality than my Lord Wharton, as to send them word, they should attend him at such an hour, he knows what belongs to my Lord Wharton, and what to himself, much better, than to send for, or expect any attendance from his Lordship.

Sir William Savill being Interrogated, whether the Petition Signed as aforesaid, was not absolutely by the major part of them in the Hall declined, and voted, that it should not be delivered?

He Answered, That he was there, and by the major part of the * 3.27 Gentlemen present, it was delivered, and consented, that my Lord should deliver the substance of the Petition to the King, by word of mouth, saving the last Clause concerning the Parliament.

Being asked, Whether there were not divers that Signed it, who did afterwards retract it? And whether himself did not?

He Answered there were, and that he himself Signed the former Pe∣tition, and then it came to be disputed before them, whe∣ther they should retract it or no? he was against the retract∣ing of it, and many delivered Votes against it, under 10 he believes, and for his own part he said nothing to it; but it was carried so clearly by the opinion of them present, that he went along with a great number of Gentlemen, that went with my Lord to the King, and he heard my Lord faithfully deli∣ver the substance of the Petition in every thing, and with more advantage to them than the Petition was drawn, except the business of the Parliament.

Being asked, whether part of it was not the consent to a months pay of the Trained Bands?

He Answered, That he verily believes it was the intention of them all, that a months pay should be paid to the Soldiers of the Countrey, and the months pay was paid.

Being asked, Whether it was not willingly and voluntarily paid in e∣very place without constraint, to his knowledge?

He Answered, That in that part where he lived, no body denyed whatsoever was asked, so there was no pressing of any body to pay a penny, nor complaint of any body for want of Money.

Sir William Pennyman being asked to the said last point? * 3.28

He Answered, That it was with a agreat deal of alacrity and cherfulness, and he heard no man repine at it, then nor since.

Sir Edward Osborne Interrogated to that Point?

Answered, He never knew of any forcible course to make men pay it, * 3.29 but it was freely paid.

Sir William Savill being Interrogated, How many of them that set their hands to the Petition, did Vote against it?

He Answered, That there were of them that set their hands to the * 3.30 Petition 10, who did vote the retraction of it, and he named Sir Francis Worteley, Sir Thomas Danby, Sir George Wentworth of Wol∣ley (as he thinks) and Sir Edward Rhodes.

Sir Edward Rhodes Interrogated, Whether the Country did intrust my Lord of Strafford, to deliver a Message to His Majesty, declaring their con∣sent to a Moneths pay, &c.

He Answer'd, That after long debate, Whether the Petition should * 3.31 be presented or no? it was by plurality of voices, declined and waved; and, it was moved to my Lord, that he should present the Requests of the Gentlemen then met, or the plurality of them to His Majesty to this purpose, That having demanded two Moneths pay, the Gentlemen of the Country made that request to my Lord, humbly to beseech His Majesty to accept of one Moneths pay, which his Lordship did, and His Majesty was gra∣ciously pleased to accept of it, having formerly given them en∣couragement for the abatement of 4000 men of the Trained Bands after those Troubles were past; and, if any Gentleman suffered in that Service, there should be no benefit taken of his Ward∣ship, and when my Lord presented the desire of the Gentlemen to His Majesty, He was pleased, in stead of taking of 4000, to promise to reduce the Trained-Bands to 6000.

Being Asked what number of Gentlemen were in the Hall? and, Whe∣ther that was not the place appointed for the County, to Consult about the business?

He Answered, That he thinks that there was 300 at the least, of the one and the other; and for the place and time, it was both the place and time, and that was an Exception my Lord of Strafford took, but he was not fairly dealt withal, that in regard His Majesty gave direction, that at such a time, and such a place, my Lord President (by that name His Majesty was pleased to call him) and the Gentlemen of the Countrey should consider the business; my Lord thought much a Petition should be drawn without his Consent, and that the business should be Concluded before the time, and from the place of debate.

Being Asked, How many dissented from this Court?

He Answered, He thinks not above 20, if there were so many.

Being Asked, Whether diverse that signed the Petition, did not retract it? and, amongst the rest, himself?

He Answered, Diverse did retract it; and, himself gave his voice for the waving of it: but, he cannot say he retracted it, for his hand was not to the Petition.

Being Asked, Whether my Lord of Strafford had not Commission from the County, to offer a full moneths pay of the Trained-Bands?

He Answered, It was the desire of the Country, That his Lordship would be pleased to entreat His Majesty, to accept of a moneths pay, being desired by the King.

Being Asked, Whether they were not willing to pay it in that part of the Country, where he lives?

He Answered, That where he served as Deputy-Lieutenant, he knows not of one man that Complained, or shew'd unwillingness, or any difference, but only in the proportion between man and man.

Being Asked, Whether my Lord of Strafford did not faithfully relate the Message to the King, according to the Commission the Country gave him?

He Answered, That he conceives he did it most faithfully, and with great advantage to the Country.

Sir Tho. Danby being Interrogated to the matter of the Petition, and the declining of it; the Consenting of a Moneths pay; the Cheerfulness in pay∣ing of it.

He Answered. * 3.32

That the Petition was delivered. That the Money was paid with a great deal of cheerfulness. That they were content to come to a Moneths pay. That he heard of no man that declared to deny it.

Being Asked (on Mr. Maynards motion) Whether any other di∣rection was given for the Message, besides the Petition, the last clause ex∣cepted?

He Answered, That one taken off, my Lord was to deliver the Sub∣stance of the Petition.

Being Asked (on Mr. Maynards motion) Whether there were not two Trained-Soldiers hang'd up, for Mutyning for want of Pay?

Mr. Maynard thence observing, That if they had been well paid, there * 3.33 had been no want of it.

He Answered, That he cannot Answer to that without some preju∣dice to himself; he being question'd for hanging men by Marti∣al-Law.

Sir George Wentworth of Wolley being Interrogated, Whether he was not present at the Hall, where the Petition was spoke of? and, Whether a moneths pay was not consented to?

He Answered, He was present, and the Petition was declined by the Major number; there was a great number in the Hall, and my * 3.34 Lord delivered it accordingly to the King. He was present when he presented all the grievances exprest in the Petition, and left out only that part concerning the Parliament.

Being Asked, Whether my Lord of Strafford had authority to acquaint the King, There should be a Moneths pay?

He Answered, Yes: and, the place of Debating was the Common-Hall; and, diverse that signed the former Petition, did retract it, and himself was one of them.

Being Asked, Whether the Money was not paid willingly by every man, without Force and Constraint?

He Answered, That he was a Collonel, and it was paid him very well.

The next thing my Lord of Strafford observed, was, concerning a War∣rant * 3.35 alleadged to be given out by him, for levying of a Fortnights pay to the Two Regiments of Sir William Pennyman, and Sir Tho. Danby. If in any thing in his Answer he be mistaken, he had rather submit it than dis∣pute it; and, if it please their Lordships to favour him so far, he will, as near as he can, tell every thing that passed; and, he hopes, diverse of their Lordships will remember a great part of it.

It is very true, before this moneth was ended, (he is sure within it) the King Licensed all the Trained-Bands to go home again, save the two Regi∣ments, one for Richmondshire, and the other for Cleaveland, which, by His Majesties express Command, and Council of War, were required, one to remain at Yaram, the other in Richmondshire, to preserve them from those of the other side.

Sir William Pennyman and some others finding, that by this means these Regiments continuing in pay, fell to be grievous to that part of the Hun∣dred; Those two Hundreds, or Weapontakes acquainted him (the Earl of Strafford) with it, out of no particular end in the World, but that with Equality and Justice in that common misfortune, they might all bear the Common Burden.

Divers of their Lordships being there at Rippon, he did humbly present to the King, before the Great Council of my Lords at Yorke, That he con∣ceived if the whole-Charge of those two Regiments should lie on those two Hundreds, it would impoverish and undoe them; and therefore he conceived it Justice and Reason, that the rest of the County should con∣tribute towards the Charge (the benefit being common to all) or else they

should successively relieve those Regiments, that the burden of all might lie equal on all.

This was his intention, and he hopes it was fair, and if not as it ought to be, yet it was done with a very good heart, and justly intended: This he moving at that time, His Majesty was pleased to assent to it, and lik'd it very well, and gave direction he should proceed; whereupon he said, Then if my Lords approve of it, he shall see it done accordingly. There were diverse of the Lords then said yes; and thereupon he took it for granted, that it was their Consent.

If in this he did mistake, of their Lordships, he humbly craves their pardon, it being far from him to prejudice any man living in that relati∣on, and, that it was so, he thinks a Noble Peer, then present, (viz. my Lord of St. Albanes) will remember, that diverse on the Motion did say, yes; and thereupon he took it to be a thing granted.

And, that as my Lord of St. Albanes, who being gone home indisposed in his health, my Lord of Strafford desired he might reserve himself the be∣nefit of his Examination, if he shall see cause, though he hopes there will be no need of it.

After this, he understanding that some of their Lordships at Rippon were not satisfied, because the Great Council was named for the Author of the Warrant; the very last day the Great Council sate at Yorke (their Lord∣ships being then come back from Rippon) he moved it to the King, and gave the same Relation there, that he makes here before their Lordships, desiring to know their pleasure, whether the Warrant should be recalled or no? for he could then easily do it: Nothing being done upon it. Un∣der favour, some of their Lordships said, The Great Council had no power to levy Money; To which he Answered, That the Warrant was not to levy Money, but that the parties concerned should do their duties themselves, or otherwise pay the Money. At that time it pleased His Ma∣jesty to Command him to go on; and, after the King had spoken, no man spake to the contrary, and so the Warrant was not recalled; but, the Moneys were paid voluntarily, no force or constraint being put upon any, but they took it as a great benefit that they had that favour, as for his part he conceived it was: And, all himself got by it, was, That, by this means himself, and all his Tenants, and those that had relation to him, came to pay their proportionable shares, which otherwise should not have paid a Farthing, (for they were at a great distance in the West-riding) and they paid it voluntarily, and willingly; and, when he spake with the Deputy-Lieutenants, they all conceived it a benefit, and advantage to the Coun∣try; and, it was done with their Consent, and a great Ease, and a Burden to no man,

So he acknowledges such a Warrant was granted, but nothing of force or constraint,

Mr. Ro. Strickland Interrogated, Whether he conceived not this a * 3.36 great ease to the Country, thus to lay the last Fortnights Pay for the two Regiments? And stood with his Advise, and the Advise of his Lieute∣nants?

He Answered, That it was very well paid for any thing he knows, but the most part of it, if it was paid, was paid after he came to London. But, he conceives, that if those Regiments must stand, or the other March up to their Reliefe, it was for the ease of

the Country, and so he conceived then, otherwise he should not have subscribed the Warrant: and, it had laid heavy on those Divisions, where the two Regiments of Sir William Pennyman, and Sir Thomas Danby lay, who had been undone by it; It was done meerly for their Relief, without any ill intent whatsoever.

Sir Edward Osborne Interrogated, What he thinks of the Course? * 3.37 and, Whether he consented not to it, as a very great Advan∣tage?

He Answered, The Question being propounded by my Lord Lieute∣nant to the Deputy Lieutenants, Whether two Regiments that lived on the place, the Frontier of the North-Riding, should be paid by the Countries Contributing, or their Charge, or the Country to send their Regiments for relief of these two; they conceived it was a mighty ease and benefit to the Country to pay the two Regiments, and the rest of the Trained-Bands con∣tinue; For, some of them must March 70 miles in way, and 70 miles backwards, and, some of them that lay there, never stirred out of their own Towns: and therefore they were of opinion, It was a marvellous ease.

Being Asked, Whether this Fortnights Pay was voluntarily paid in the Parts where he lived? and, Whether Force was used?

He Answered, He lived at York altogether, and cannot tell: But, some Officers asking, What they should do for the Moneys that are behind for relief of the two Regiments? my Lord Answered, That which will be willingly and freely paid, you must take it; that which will not, you must let it alone: and, this was four or five dayes before my Lord of Strafford came from York.

Sir William Pennyman being Interrogated, touching the Convenience and * 3.38 Ease of this Course?

He Answered, That he conceives it very easie and advantagious, for else some of the Regiments must have marched 70 miles, and it would have taken up a great part of the Charge, in the very March.

My Lord of Strafford added, That he would prove it by all the De∣puty * 3.39 Lieutenants that were there, that no Force or Constraint was put upon any man by him, nor is there any proofes to prove Force: There be onely two things insisted on; One is the Warrant of Sir Edward Osborne, that they should pay Money on peril of their Lives; He denies that he signed any such Warrant; and, he is sure there is none under his hand: If they have it to show, he desires they would shew it; if they do not, then their Lordships Judgments will acquit him of it. The other is Sergeant Major Yowards Warrant, and a fellow that tells a Tale of Muskiteers, and sayes, there was a Warrant of his; But, he sayes, he made no such Warrant; he gave no direction for it; neither is there any such Warrant shown; and, he trusts, that will acquit him of that too: And, if there be any thing of Crime in the business, it must be, that they have been constrained

by force, to pay the Moneys; for, if it be voluntarily offered to take or leave, this can be no Crime; and, that there was any force, or any War∣rant issued by him, he denies: And, by this time, he thinks he hath clear∣ed himself against all the matters charged in this Article.

But, he conceives, he hath done nothing, but that he had Commission and power to do, though he never had acquainted the Great Council with it under favour: It is true, he was alwayes desirous, to have the assist∣ance of Men wiser than himself; and, when there was means or opportuni∣ty to gain it, he took it: But, if he had been in Yorkshire all alone, having the Power and Commission he then had (though His Majesty and their Lordships had not been there) he conceives he might have Justified the doing of as much, as he hath done in this Parliament; his Commission under the Seal of my Lord Admiral being in effect,

FOr the better Execution of this our Commission, we do further give and grant to you full Power and Authority, from time to time, and at all times at your discretion, to command, and require of and from all our Lieutenants, and Deputy-Lieutenants in our seve∣ral Counties of this our Realm and Dominion of Wales, and of and from every, or any of them, to send to you, or such place as you shall appoint, such number of able Men for the War, as well Horsemen as Footmen, in the said Counties respectively, or otherwise, sufficiently Armed and Furnished, as you in your discretion shall appoint and require.

And, he did not send them to pay any Money, but to relieve by turnes, Regiment after Regiment; and, if they found it for their ease, they might be at the Charge, else do the Duty required, which, by the Common Al∣legiance, every man is bound to do. Say then he had committed an Er∣ror, he had rather confess than justifie it, as long as it is not brought to him as a Crime.

But, there is another clause, according to the Statute of 11 H. 7. viz.

ANd further, our pleasure is, and we do give and grant for us, our heirs and successors, that whatsoever you, or any other person, or persons of what degree soever, by your Commission, War∣rant, or Command shall do, by vertue of this our Commission, or Let∣ters Patents, or according to the Instructions aforesaid, or the pur∣port of this our Commission, touching the Execution of the premises, both you, and the said persons, in shewing forth these our Letters∣patents, or the Constat, or Inrollment thereof, shall be discharged and acquitted against us, our heires and successors, and freed from all Impeachment, and other molestation for the same.

He did this without sinister ends, or by-respects; and therefore if he did any way err, by His Majesties own gracious clause, he is to be excused; And, it is pursuing to the Statute of 11 H. 7. c. 1. where the Preamble is very observable.

THe King, our Soveraign Lord, recalling to his Remembrance the Duty and Allegiance of His Subjects, and that they, by rea∣son of the same, are bound to serve the King for the time to come in His Wars, against every Rebellion, and Power, and Might, &c. and whatsoever falls against the mind of the Prince; and, that it is a∣gainst all Law, Reason and Conscience, that attending His Person, or being in other places of His Command, any should lose or forfeit for doing their true Service and Obedience. Be it therefore Enact∣ed, &c. That from henceforth, no manner of Person, or persons whatsoever, that attends the King in His Person, and do Him true Allegiance in His Person, or be in other places in His Wars, for the said Deed, or true Duty, he and they shall be any way convict∣ed, and Attainted of Treason, nor of any other Offence by any Pro∣cess of Law, whereby he shall forfeit Lands, Goods, Tenements, &c. and shall be for that Deed and Service utterly discharged of any Vexation, &c.

So that he conceives he hath done nothing, but what may receive a fair and equal interpretation; what he hath done, he hath done very candid∣ly, and clearly, for the good of His Masters Service, and preservation of the Country; and he hath done nothing violently, or deliberately, to force Men to do things, that may any way trench on the Propriety or Liberty of the Subject: and, whatsoever evil he may have committed in this, he hopes, by the Act of Parliament, and by the words of the Commission read, he shall stand before their Lordships (in point of Justice, and Noble Compassion to a Man that may erre) Acquitted from any part of that Charge, that may accuse him of High Treason.

Onely one thing he hath omitted, and that is the Testimony of Sir William Ingram, where he Charges me with saying, The refusers to pay the Money are in little better condition, than guilty of High Treason. But he is a single Testimony; and he sayes, That clearly underfavour it is no mean offence for any Man, to deny the Common Allegiance due to the King, for Defence of His VVars: But, the words are testified to be spoken on∣ly to one Man, and he is not Accomptable to him, nor to their Lordships, for that, he being but a single Testimony.

Notes

• * 1.1

  Art. XXVII. Charge.
• * 1.2

  Mr. Maynard.
• * 2.1

  Sir Hugh Cholmeley Witness.
• * 2.2

  Sir Henry Cholmley Witness.
• * 2.3

  Hotham Witness.
• * 2.4

  Stapleton Witness,
• * 2.5

  L. Wharton Witness.
• * 2.6

  Pennyman 〈◊〉〈◊〉
• * 2.7

  Mr. Maynard.
• * 3.1

  Griffin, Witness.
• * 3.2

  Lord Clare.
• * 3.3

  Mr. Glyn.
• * 3.4

  Mr. Strickland, Witness.
• * 3.5

  Burroughes Witness.
• * 3.6

  Cholmeley Witness.
• * 3.7

  Dowsen, Witness.
• * 3.8

  Pierson Witness.
• * 3.9

  Ingram, Witness.
• * 3.10

  Griffin, Witness.
• * 3.11

  Cholmley, Witness.
• * 3.12

  Mr. Maynard
• * 3.13

  E. of Straffords Defence.
• * 3.14

  Neale. Witness.
• * 3.15

  Osborne, Witness.
• * 3.16

  Mr. Maynard.
• * 3.17

  Pennyman. Witness.
• * 3.18

  E. of Strafford
• * 3.19

  L. Wharton.
• * 3.20

  L. Wharton.
• * 3.21

  Pennyman Witness.
• * 3.22

  Mr. Maynard.
• * 3.23

  Mr. Glynn.
• * 3.24

  Mr. Maynard.
• * 3.25

  E. Strafford.
• * 3.26

  Pennyman Witness.
• * 3.27

  Savill Wit∣ness.
• * 3.28

  Pennyman Witness.
• * 3.29

  Osborne Witness.
• * 3.30

  Savill Wit∣ness.
• * 3.31

  Rhodes Wit∣ness.
• * 3.32

  Danby Witness
• * 3.33

  Mr. Maynard.
• * 3.34

  Wentworth, Witness.
• * 3.35

  E. of Strafford
• * 3.36

  Strickland, Witness.
• * 3.37

  Edw. Osborne.
• * 3.38

  Wil. Pennyman,
• * 3.39

  E. of Strafford.